2005/181/EC: Decision No 2/2005 of the ACP-EC Customs Cooperation Committee of 1 March 2005 derogating from the concept of ‘originating products’ to take account of the special situation of the ACP States regarding the production of preserved tuna and of tuna loins (HS heading ex 16.04)
Date: 2005-03-01
Institutions: Customs Cooperation Committee
Subjects: ACP countries, derogation from EU law, fishery product, originating product, preserved product, quantitative restriction, tariff quota

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Official Journal of the European Union

8.3.2005

DECISION No 2/2005 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 1 March 2005
derogating from the concept of ‘originating products’ to take account of the special situation of the
ACP States regarding the production of preserved tuna and of tuna loins (HS heading ex 16.04)

(2005/181/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

Having regard to the ACP-EC Partnership Agreement signed at
Cotonou on 23 June 2000, and in particular Article 38 of
Protocol 1 to Annex V thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 38(1) of
the said Protocol provides for dero-
rules of origin to be granted
gations
whenever the development of an existing industry or
the establishment of a new one warrants it.

from the

Article 38(8) of the said Protocol provides that the dero-
gations are granted automatically within an annual quota
of 8 000 tonnes for canned tuna and of 2 000 tonnes
for tuna loins.

the special

‘originating products’
situation of

On 28 October 2002 Decision No 2/2002 of
the
ACP-EC Customs Cooperation Committee derogating
from the concept of
to take
account of
the ACP States
regarding the production of canned tuna and of tuna
loins (HS heading ex 16.04) (1) was adopted. The dero-
gation provided for in Article 1 of this Decision shall
apply during the period of 1 October 2002 to 28
February 2005.

In view of the expiry of this provision the ACP States
submitted on 8 November 2004 a request for a new
global derogation from the rules of origin as contained
in the ACP-EC Partnership Agreement, for canned tuna
and tuna loins, valid for all ACP States, and covering the
full annual quantities, i.e. 8 000 tonnes of canned tuna
and 2 000 tonnes of
imported into the
Community from 1 March 2005 onwards.

tuna loins,

The derogation is requested under the relevant provisions
of Protocol 1, particularly with regard to Article 38(8)
and the requested quantities fall within the limits of the
annual quota which is granted automatically upon
request of the ACP States.

(1) OJ L 311, 14.11.2002, p. 22.

(6)

(7)

(8)

This Decision shall apply from 1 March 2005 until the
end of 2007 pending the adoption of the new trading
arrangements which shall enter into force by 1 January
2008 according to Article 37 of the ACP-EC Partnership
Agreement.

Decision No 2/2002 refers to ‘canned tuna’, but actually
applies to ‘preserved tuna’. The term ‘preserved tuna’
comprises canned tuna and tuna vacuum-packed in
plastic bags or other containers. The Combined Nomen-
clature of
the European Communities uses the term
‘preserved tuna’ which encompasses ‘canned tuna’. The
same terminology should be used in this Decision.

The quantities for which a derogation is adopted should
be managed by the Commission in collaboration with
the customs authorities of the Member States and those
of the ACP States. To that end, detailed rules should be
adopted,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions in the list in
Annex II to Protocol 1 to Annex V of the ACP-EC Partnership
Agreement, preserved tuna and tuna loins of HS heading ex
16.04 produced in the ACP States from non-originating tuna
shall be regarded as originating in the ACP States in accordance
with the terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
products and the quantities shown in the Annex to this
Decision which are imported into the Community from the
ACP States during the period of 1 March 2005 to 31
December 2007.

Article 3

The quantities set out in the Annex shall be managed by the
Commission, which shall take all administrative action it deems
advisable for their efficient management. Articles 308a, 308b
and 308c of Commission Regulation (EEC) No 2454/93 (2)
relating to the management of tariff quotas shall apply mutatis
mutandis to the management of the quantities referred to in the
Annex.

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

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Article 4

Article 6

1.
The customs authorities of the ACP States shall take the
necessary steps to carry out quantitative checks on exports of
the products referred to in Article 1. To that end, all the certi-
ficates they issue pursuant to this Decision shall bear a reference
to it.

2.
The competent authorities of those countries shall forward
to the Commission every three months, via the Secretariat of
the ACP Group, a statement of the quantities in respect of
which movement certificates EUR.1 have been issued pursuant
to this Decision and the serial numbers of those certificates.

The ACP States,
and the European
the Member States
Community shall take the measures necessary on their part to
implement this Decision.

Article 7

This Decision shall enter into force on the date of its adoption.

This Decision shall apply from 1 March 2005.

Article 5

Done at Brussels, 1 March 2005.

Box 7 of movement certificates EUR.1 issued under
Decision shall contain one of the following indications:

this

— ‘Derogation — Decision No 2/2005’;

— ‘Dérogation — Décision no 2/2005’.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Robert VERRUE

Isabelle BASSONG

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Official Journal of the European Union

8.3.2005

ANNEX

Order No

HS Heading

Description of goods

Period

09.1632

ex 16.04

Preserved tuna (1)

1.3.2006-28.2.2007

1.3.2005-28.2.2006

09.1637

ex 16.04

Tuna loins

1.3.2006-28.2.2007

1.3.2007-31.12.2007

1.3.2007-31.12.2007

1.3.2005-28.2.2006

Quantities
(in tonnes)

8 000

8 000

6 666

2 000

2 000

1 666

(1)

In any form of packaging whereby the product is considered as preserved within the meaning of HS heading ex 16.04.